Appeal No. 2007-0054
Application No. 08/846,722
glycol, “in an amount capable of reducing the undesired inflammatory
response.”
Claim 18 ultimately depends from claim 1 and recites that the nasal
and sinus cells are also contacted with oxymetazoline.
Claim 27 is directed to a method for treating, among other things,
sinusitis, by nasally administering a specified, pyruvate-containing solution.
2. CLAIMS 1-6, 8-17, AND 31
Claims 1-6, 8-17, and 31 stand rejected under 35 U.S.C. § 103 as
obvious over Katz1 in view of Amschler.2 The Examiner states that “Katz
teaches a method of treating a disease state in mammals caused by
mammalian cells involved in the inflammatory response, which comprises
contacting the mammalian cells involved in the inflammatory response with
a therapeutically effective amount of an inflammatory mediator (col. 4,
lines 58-67). The inflammatory mediators are taught to be antioxidants
selected from pyruvates . . . and pyruvate precursors . . . (col. 7,
lines 21-41).” (Answer 3.) The Examiner states that Katz “specifically
teaches inhalation treatments for disorders such as bronchial asthma,
bronchitis, etc.” and “does not specifically teach the administration of the
composition to the nasal cells.” (Answer 4.)
The Examiner states that Amschler “teaches a method of treating
inflammatory disorders of the lung (e.g. bronchitis, bronchial asthma, etc.)
and inflammatory disorders of the nose (e.g. rhinitis, sinusitis, etc.) with an
1 Katz, U.S. Patent No. 5,798,388, issued August 25, 1998.
2 Amschler et al., U.S. Patent No. 5,449,676, issued September 12, 1995.
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